This, however, did not affect the number of minority students to be admitted, sixteen. [36], On June 20, 1974,[37] following his second rejection from UC Davis, Bakke brought suit against the university's governing board in the Superior Court of California,[33] Yolo County. [20][21], Bakke complained to Dr. George Lowrey, chairman of the admissions committee at the medical school, about the special admissions program. In 1967, having achieved the rank of captain, he was granted an honorable discharge. Allan P. Bakke (/ˈbɑːkiː/), an engineer and former Marine officer, sought admission to medical school, but was rejected for admission by several due in part to his age. It upheld affirmative action, allowing race to be one of several factors in college admission policy.

This was unsatisfactory to many activists of the late 1960s, who protested that given the African-American's history of discrimination and poverty, some preference should be given to minorities.

U.S. Supreme Court Justice William Rehnquist, as circuit justice for the Ninth Circuit (which includes California) granted the stay for the court in November 1976. [20] The general counsel for the University of California said, "I don't think Storandt meant to injure the university. To the extent that it purports to do anything else, I respectfully dissent. Nevertheless, Powell opined that government had a compelling interest in a racially diverse student body. [100], Allan Bakke, "America's best known freshman", enrolled at the UC Davis medical school on September 25, 1978. [81], White issued an opinion expressing his view that there was not a private right of action under Title VI. There was intense public interest in the case; prospective attendees began to line up the afternoon before. The other four justices (Brennan, White, Marshall, and Blackmun) dissented from that portion of the decision, but joined with Powell to find affirmative action permissible under some circumstances, though subject to an intermediate scrutiny standard of analysis. Only one black student and six Latinos were admitted under the regular admissions program in that time period, though significant numbers of Asian students were given entry. UC Davis's counsel filed a request that the judge, F. Leslie Manker, find that the special program was constitutional and legal, and argued that Bakke would not have been admitted even if there had been no seats set aside for minorities. Finding diversity in the classroom to be a compelling state interest, Powell opined that affirmative action in general was allowed under the Constitution and the Title VI of the Civil Rights Act of 1964.

He rejected assertions by the university that government had a compelling interest in boosting the number of minority doctors, and deemed too nebulous the argument that the special admissions program would help bring doctors to underserved parts of California—after all, that purpose would also be served by admitting white applicants interested in practicing in minority communities. [104] [b] The university's Board of Regents, led by Ward Connerly, voted to end race as a factor in admissions. [59], While the case was awaiting argument, another white student, Rita Clancy, sued for admission to UC Davis Medical School on the same grounds as Bakke had. [35] Among those who benefitted by Dean C. John Tupper's interventions (about five per year) was the son of an influential state assemblyman, who had not even filed an application. The law school maintained an affirmative action program, and DeFunis had been given a higher rating by admissions office staff than some admitted minority candidates.

[73], Turning to the program itself, Powell determined that it was not simply a goal, as the university had contended, but a racial qualification—assuming that UC Davis could find sixteen minimally qualified minority students, there were only 84 seats in the freshman class open to white students, whereas minorities could compete for any spot in the 100-member class. [75], In a part of the opinion concurred in by Chief Justice Burger and his allies, Powell found that the program, with its set-aside of a specific number of seats for minorities, did discriminate against Bakke, as less restrictive programs, such as making race one of several factors in admission, would serve the same purpose. [21] He was interviewed twice: once by a student interviewer, who recommended his admission, and once by Dr. Lowrey, who in his report stated that Bakke "had very definite opinions which were based more on his personal viewpoints than on a study of the whole problem … He was very unsympathetic to the concept of recruiting minority students.
Nevertheless, the state was entitled to consider race as one of several factors, and the portion of the California court's judgment which had ordered the contrary was overruled. The special picks were ended by order of University of California President David S. Saxon in 1976. [57] Fifty-eight amicus curiae briefs were filed, establishing a record for the Supreme Court that would stand until broken in the 1989 abortion case Webster v. Reproductive Health Services. WebMD does not provide medical advice, diagnosis or treatment. The faculty was concerned by this, and the school began a special admissions program "to compensate victims of unjust societal discrimination". [74], Powell noted that the university, in its briefs, had cited decisions where there had been race-conscious remedies, such as in the school desegregation cases, but found them inapposite as there was no history of racial discrimination at the University of California-Davis Medical School to remedy. [29][30], Allan Bakke applied to UC Davis medical school again in 1974.

In the following fifteen years, the court issued landmark rulings in cases involving race and civil liberties, but left supervision of the desegregation of Southern schools mostly to lower courts. [102][103], In 1996, Californians by initiative banned the state's use of race as a factor to consider in public schools' admission policies. [93], Attorney General Griffin Bell, after speaking with President Jimmy Carter, stated, "my general view is that affirmative action has been enhanced", and that such programs in the federal government would continue as planned.

Solicitor General and Watergate special prosecutor Archibald Cox, who had argued many cases before the Supreme Court.

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